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HomeMy WebLinkAbout03-22-10 Common Council Meeting Minutes REGULAR MEETING MARCH 22, 2010 Be it remembered that the Common Council of the City of South Bend, Indiana met in the Council Chambers of the County-City Building on Monday, March 22, 2010 at 7:00 p.m. The meeting was called to order by Council President Dieter and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Derek D. Dieter 1st District, President Thomas LaFountain 3rd District Henry Davis, Jr. 2nd District Ann Puzzello 4th District, Chairperson Committee of the Whole David Varner 5th District Oliver Davis 6th District, Vice-President Al “Buddy” Kirsits At-Large Timothy Rouse At-Large Karen L. White At-Large OTHERS PRESENT: Kathleen Cekanski-Farrand Council Attorney John Voorde City Clerk Janice I. Talboom Deputy City Clerk Mary Beth Wisniewski Chief Deputy REPORT FROM THE SUB-COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub-committee has inspected the minutes of the March 8, 2010 meeting of the Council and found them to be correct. Therefore, we recommend the same be approved. s/Derek D. Dieter s/David Varner Councilmember Puzzello made a motion that the minutes of the March 8, 2010 meeting of the Council be accepted and placed on file. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. SPECIAL BUSINESS RESOLUTION NO. 4018-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING MARCH AS WOMEN’S HISTORY MONTH A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING MARCH AS WOMEN’S HISTORY MONTH , Whereas the Common Council of the City of South Bend, Indiana, notes that in 1981 the first Joint Congressional Resolution was adopted proclaiming that a week be set aside as “Women’s History Week”; and Whereas, in 1987, the National Women’s History Project petitioned the US Congress to expand that Resolution, with that being done with bipartisan support in both the House and the Senate declaring March as “Women’s History Month”; and 1 REGULAR MEETING MARCH 22, 2010 , Whereas this year’s national theme is Writing Women Back Into History which has resulted in efforts by the Library of Congress, The National Archives, the National Endowment for the Humanities, the National Gallery of Art, the National Park Service, the Smithsonian Institution and the United States Holocaust Memorial Museum paying tribute to the generations of women whose commitments and efforts have helped shape our rich country’s history; and , Whereas in keeping with this year’s theme, the South Bend Common Council acknowledges that there have been countless contributions made at the national, state and local levels some of which include: st 1869 Wyoming Territory was the 1 to grant women, who were 21 years of age, the right to vote th 192019 amendment to the US Constitution was ratified granting women the right to vote st 1921Edith Wharton became the 1 woman to win a Pulitzer Prize for writing The Age of Innocence st 1924Nellie Tayloe Ross became the 1 female Governor of a state st 1928Amelia Earhart of Purdue University became 1 woman to fly across the Atlantic Ocean st 1933Frances Perkins became the 1 woman to serve in a Presidential Cabinet position (Sec’y Labor) st 1963Janet S. Allen became the 1 woman to serve on the South Bend Common Council st 1966Barbara Jordan became the 1 woman to serve in the Texas Congress st 1972 Shirley Chisom became the 1 woman to be considered as a Democratic Presidential Candidate st 1977Janet Guthrie became the 1 woman to drive in the Indianapolis 500 st 1981Sandra Day O’Connor became 1 woman appointed to the US Supreme Court st 1983 Beverlie Beck was elected as the 1 woman President of the South Bend Common Council st 2009 Sonia Sotomayor became 1 Hispanic woman appointed to the US Supreme Court Now, Therefore, be it Resolved, by the Common Council of the City of South , Bend, Indiana as follows: Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby declares March as “Women’s History Month” in South Bend, Indiana. Section II. The South Bend Common Council honors and recognizes all of the many generations of women who have made so many significant contributions, both inside and outside the home. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. st s/Derek D. Dieter, 1 District s/Al “Buddy” Kirsits, At Large nd s/Henry Davis, Jr., 2 District s/Timothy A. Rouse, At Large rd s/Thomas LaFountain, 3 District s/Karen L. White, At-Large th s/Ann Puzzello, 4 District th s/Dr. David Varner, 5 District th s/Oliver J. Davis 6 District s/Kathleen Cekanski-Farrand, Council Attorney Attest: Adopted this 22 day of March, 2010 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend 2 REGULAR MEETING MARCH 22, 2010 Councilmember Henry Davis, 5117, Idlewood Drive, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. Councilmember Varner made a motion to adopt this Resolution by acclamation. Councilmember Puzzello seconded the motion which carried. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:07 p.m. Councilmember Oliver Davis made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 01-10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY CHAPIN STREET, NORFOLK SOUTHERN RAILROAD, LAUREL STREET, AND THE FIRST ALLEY NORTH OF WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioner is requesting a zone change from GB General Business District, MF2 High Density Multifamily District, and MU Mixed Use District to PUD Planned Unit Development to allow Community Center and assembly space for religious use. Community Center uses includes gymnasium, performance auditorium for religious gatherings, swimming pool, and classrooms. Outdoor uses include on and –off- site parking and potential playground. She stated that on site Parcel A or Phase I is Oliver Park. Parcel B (Phase II) is vacant. To the north across Western Avenue is vacant land zoned CB Community Business District. To the east, across Chapin Street, is multi- family housing zoned MF2 High-Density Multifamily District. To the northeast is a multi-tenant commercial center, zoned CB Community Business District. To the south are railroad tracks (unzoned) with an industrial park zoned GI General Industrial District south of the tracks. To the west, across Laurel Street, are apartments zoned MF1 Urban Corridor Multifamily District. To the northwest is a billboard, the Elks Club and a church zoned MU Mixed Use District. Ms. Nayder stated that the Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; 3 REGULAR MEETING MARCH 22, 2010 and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of opens pace, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The site plan shows a 72,310 square foot community center building covering 16% of the site. Open space, which includes athletic fields and a playground comprises 205,083 square feet or 46% of the site. There are 254 parking spaces on site and an additional 51 parking spaces across Western Avenue. These paves areas cover 39% of the site. The perimeter, foundation, and interior off-street area landscaping as presented is similar to the City of South Bend landscaping requirements. She stated that in 1966, both sides of Chapin were rezoned multifamily for housing. There is a traffic signal at the intersection of Western and Chapin. Western and Chapin have four lanes with right and left turn lanes. Laurel has two lanes. The cul-de-sac at the south end of Laurel will need to be vacated. There will be access from Laurel Street and Chapin Street. The Chapin Street access will be a right-in, right-out only. The Engineering Division has coordinated with the developer’s engineer to create the drainage and access plan. There is no objection to this preliminary site plan. The Staff recommends that the size and height of the entry sign on Laurel be reduced. As shown, the sign is 6 feet tall and has an area of 8 square feet. The Staff recommends the sign conform to the standards of the higher intensity commercial and industrial districts, where the maximum height is 4 feet and the maximum square footage is 6 feet. The area has residential in the two multi-family developments bordering the project area, plus the single family neighborhood to the north of Western. Also in the neighborhood are a retail center and a church. The proposed use will replace an under-utilized park. The most desirable use would benefit the surrounding neighborhoods by replacing an under utilized park with organized recreational activities. It is the staff’s opinion that nearby property values should not be adversely affected. The site is currently developed as park. This community center has the potential to increase the attraction of the area as a commercial and recreational destination. Based on the information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation subject to the entry sign on Laurel Street being reduced to a height of 4 feet and 6 square feet in area. Ms. Nayder advised that the Area Plan Commission held a Public Hearing on February 16, 2010 and sends this bill to the Common Council with a favorable recommendation. Ms. Nayder further noted that the development will not only be an asset to the immediate neighborhood, but to the City of South Bend by increasing the attraction of the area as a recreational and commercial destination. Mr. Gerald R. Phipps, PE, The Troyer Group, Inc., 550 Union Street, Mishawaka, Indiana, made the presentation on behalf The Salvation Army, the owner and operator of the facility. Mr. Phipps stated that the reason for the substitute bill is that they have decided to omit two parcels from the project in order to be able to complete the rezoning process prior to the planned commencement of construction of the center in May. Mr. Phipps advised that the Ray and Joan Kroc Corps Community Center is a project to create a center, supported in part by the community where children and families would be exposed to different people, activities and arts that would otherwise be beyond their reach. The Kroc estate left $1.6 billion to the Salvation Army, and was split evenly among the four Army Territories, Central, East, South and West. The money was designated to build a series of state-of-the-art Community Centers. He stated that the Ray and Joan Kroc Corps Community Center of St. Joseph County will be a 100,000 sq. ft. education, recreation and fine & performing arts and worship facility. Mr. Phipps stated that in the Midwest region, 39 communities submitted a Letter of Intent to apply for a grant from the Kroc Trust, only six are being built. Other Kroc Centers located in the Salvation Army’s Central Territory include: Chicago, IL; Quincy, IL; Grand Rapids, MI; Omaha, Neb. and Green Bay Wis. He stated that completion is expected late fall 2011. The center will be located at the Southwest Corner of Chapin Street & Western Avenue. The Salvation Army is working with the Troyer Group and Turner Construction to develop a comprehensive, LEED-certified community center. He stated that the 100,000 square foot multi-use facility will incorporate a performing arts center, a state of the art space that consists of a 400 seat auditorium, vocal and instrumental rehearsal area and a stage that will accommodate a 75 piece orchestra. This area will also serve as the sanctuary for 4 REGULAR MEETING MARCH 22, 2010 worship services and community concerts. A regulation college size gymnasium floor along with two courts will be outfitted with 6 ceiling-mounted basketball hoops. The multipurpose gym can also accommodate volleyball, floor hockey and other recreational activities. The aquatic center will be equipped with a water slide, lazy river, and leisure swimming area; this relaxed swimming area is perfect for all ages. Water exercise, physical therapy, swimming lessons, recreation and sports programs will be conducted in four areas: a three lane short competition lap pool, waterslide area, lazy river/current channel, and a 14 person Whirlpool. The 5,800 foot fitness area is tailored to meet the community’s needs. Programs such as cycling, core training and weight lifting will be accommodated. The Fitness Area will also include an additional Dance and Aerobic Area featuring group exercise classes like Pilates, Zumba and Yoga. The Youth Activity Center will have space for pool tables, foosball, table tennis, computer and console games, café and video monitors will provide for after school play time. This area also supports small gatherings, informal meetings and special performances. The outdoor recreation field will be suitable for soccer, football, lacrosse and many other field activities. In the summer the outdoor areas will serve as individual instruction and summer camp activity areas. Mr. Phipps further advised that the Kroc Center is open to members and the general public and will serve residents of all of St. Joseph County and the surrounding areas with a variety of quality of programs for individuals of all ages. Programming at the Kroc Center will be designed to meet the physical, mental, emotional, and spiritual needs of children and adults from newborns to seniors. Although segmented into five categories, programming is designed to be holistic, creating numerous points of entry towards personal growth opportunities. Leadership training and charter education are key factors. He stated that $52.5 million funded by The Salvation Army from the estate of Joan Kroc, whose gift was restricted for the purpose of the construction ($30 million capital) and operation ($22.5 million endowment) of the Kroc Center, and $10 million dollars in private, restricted gifts from individuals, organizations, foundation, businesses and state and local government. To date, approximately $9 million dollars has been raised; the balance must be raised or pledged by the conclusion of construction. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Dieter asked if there were any ground contamination on the parcel north of Western Avenue. Mr. Phipps stated that the levels were within the range. Councilmember Henry Davis asked why a PUD was necessary. Mr. Phipps stated that with a PUD there is more flexibility for the developer in the planning stages, but once the PUD is submitted the developer must stay within the PUD guidelines. Thee being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this substitute bill. 5 REGULAR MEETING MARCH 22, 2010 BILL NO. 07-10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF AN ALLEY KNOWN AS ALLEN’S ALLEY TO BE VACATED IS DESCRIBED AS FOLLOWS: THE FIRST EAST/WEST ALLEY NORTH OF WASHINGTON STREET, RUNNING WEST FROM MICHIGAN STREET TO THE FIRST NORTH/SOUTH ALLEY KNOWN AS WOODWARD COURT FOR A DISTANCE OF 165 FEET, MORE OR LESS AND A WIDTH OF 5 FEET. SAID 5 FOOT PIECE BEING TAKEN OFF OF THE SOUTH SIDE OF SAID ALLEY Councilmember Dieter made a motion to continue this bill until the April 12, 2010 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 12-10 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY EAST OF LAPORTE AVENUE ALONG COLFAX AVENUE TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 8 FEET Councilmember Dieter made a motion to continue this bill until the April 12, 2010 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 04-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 9, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, TO ADD SECTION 21, PROVIDING FOR EXTINGUISHING NUISANCE FIRES UPON DIRECTION OF THE FIRE CHIEF Councilmember Dieter made a motion to continue this bill until the April 26, 2010 meeting of the Council at the request of the petitioner. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 10-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2010 FOR VARIOUS EXPENDITURES Councilmember Rouse, Chairperson, Community & Economic Development Committee, reported that this committee met on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. Gary Gilot, Director of Public Works, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. 6 REGULAR MEETING MARCH 22, 2010 Mr. Gilot advised that this bill would allow for the appropriation to cover costs associated with demolishing a building located on the site of the future Kroc Center (521 S. Chapin Street). He noted that $100,000 will be to cover the costs of the preliminary environmental work and also the demolition and removal of the entire building. Mr. Gilot advised that the $25,000 is for miscellaneous outstanding Brownfield Environmental Regulatory Remediation issues such as post-closure testing at the Fredrickson Park landfill and potentially other sites. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Councilmember Henry Davis asked if this money could have been used for removing oil tanks in the LaSalle Square Shopping Complex. Mr. Gilot advised that there were two (2) different spills under review with IDEM and that there is a separate fund that the company who took responsibility for those spills is paying for and that fund should be used for that remediation. Councilmember Dieter asked is the former Rhoades Ice Building was delinquent in paying property tax. Mr.Gilot stated that he did not have that information but could get that information to the Council. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis) BILL NO. 11-10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $10,200 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR A ONE YEAR BILLBOARD LEASE TO MARKET THE MORRIS PERFORMING ARTS CENTER Councilmember Varner, Chairperson, Public Works and Property Vacation Committee, reported that this bill was originally assigned to the PARCS Committee, however, the petitioner was late for that committee meeting and this bill was heard under Public Works and Property Vacation under miscellaneous matters. Councilmember Varner advised that this bill was sent to the full Council with no recommendation. Mr. Dennis J. Andres, Executive Director, Morris Performing Arts Center, 211 N. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Andres advised that this bill would appropriate $10,200 within the Morris Performing Arts Center and Palais Royale Marketing Fund (Fund 273) to allow the renewal of a one year lease of a billboard to market the Morris Performing Arts Center. He noted that revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable 7 REGULAR MEETING MARCH 22, 2010 recommendation to full Council concerning this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to the full Council. Councilmember Karen White seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: _________________________ _________________________ John Voorde, City Clerk Ann Puzzello, Chairperson Committee of the Whole REGULAR MEETING RECONVENED Be it remembered that the Common Council of the City of South Bend reconvened in the Council Chambers on the fourth floor of the County-City Building at 7:35 p.m. President Derek D. Dieter presided with nine (9) members present. BILLS – THIRD READING ORDINANCE NO. 10002-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY CHAPIN STREET, NORFOLK SOUTHERN RAILROAD, LAUREL STREET AND THE FIRST ALLEY NORTH OF WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to consider the substitute version of this bill. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine ayes. Additionally, Councilmember White made a motion to pass this bill as substituted. Councilmember Kirsits seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis.) ORDINANCE NO. 10003-10 AN ORDINANCE BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $125,000.00 FROM THE NONREVERTING LOSS RECOVERY FUND (#227) IN 2010 FOR VARIOUS EXPENDITURES This bill had third reading. Councilmember White made a motion to pass this bill. Councilmember Rouse seconded the motion which carried. The bill passed by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis.) 8 REGULAR MEETING MARCH 22, 2010 ORDINANCE NO. 10004-10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $10,200 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR A ONE YEAR BILLBOARD LEASE TO MARKET THE MORRIS PERFORMING ARTS CENTER This bill had third reading. Councilmember Varner made a motion to pass this bill. Councilmember Kirsits seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS RESOLUTION NO. 4019-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DESIGNATING THE CITY AS A RECOVERY ZONE WHEREAS, the American Recovery and Reinvestment act of 2009 (Pub. L. No. 111-5) (the “ARRA”) modifies the Internal Revenue Code of 1986, as amended (the “Code”) to authorize, among others, two new types of bonds entitled “recovery zone economic development bonds” and “recovery zone facility bonds;” and WHEREAS, “recovery zone economic development bonds” are a subcategory of taxable build America bonds (as defined in section 54AA(d) of the Code), issued under provisions of ARRA that have been codified as Section 1400U-2 of the Code, the proceeds of which are to be used for qualified economic development purposes in a recovery zone; and WHEREAS, qualified economic development purposes include expenditures for the purpose of promoting development o other economic activity in a recovery zone, including capital expenditures for property located in the zone or expenditures for public infrastructure and construction of public facilities in the zone; and WHEREAS, the ARRA also authorizes a new type of federally tax exempt private activity bonds entitled “recovery zone facility bonds” in Sections 1400U-1 and 1400U-3 of the Code to finance construction, renovation, or acquisition of depreciable property by a private taxpayer of a qualified business in a recovery zone, with “qualified business” defined to include any trade or business other than residential rental property and certain prohibited uses outline in the Code; and WHEREAS, Sections 1440-U-1 through 1400U-3 of the Code and related Notice 2009-50 issued by the U.S. Treasury Department (collectively, the “Recovery Zone Act”) define a recovery zone as any area designed by the City of South Bend, Indiana (the “City) as an area having significant poverty, unemployment, rate of home foreclosure, or general distress; and WHEREAS, the City has determined that it is in the best interest of the City and its citizens to designate the entire area within the boundaries of the City as a “recovery zone” for purposes of the Recovery Zone Act; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: 9 REGULAR MEETING MARCH 22, 2010 1. The City hereby finds, determines and designates that the entire area within the boundaries of the City is an area having significant unemployment, rate of home foreclosures or general distress, and therefore hereby designates the City as a recovery zone for purposes of the Recovery Zone Act. 2. The Mayor and City Controller of the City are hereby authorized and directed to take all actions as may be required in furtherance of this Resolution and the designation of the recovery zone. 3. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and approval by the Mayor of the City. s/Derek Dieter Member of the Common Council Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send to the full Council with a favorable recommendation. th Mr. Don Inks, Director, Economic Development, 12 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Inks advised that this resolution would designate the City of South Bend as a Recovery Zone. The Recovery Zone Act was part of the stimulus program approved by Congress in 2009. Mr. Inks stated that certain types of bonds are available only in Recovery Zones and only available until the end of 2010. He stated that as they review development opportunities this year, having the Recovery Zone designation in place give the city another tool to meet those challenges. He stated that this resolution only designates an area where these bonds can be considered. He noted that any specific bond project would need additional approval by the Common Council. A Public Hearing was held on the Resolution at this time. Councilmember Henry Davis stated that there is poor communication between the City Administration and the Council and therefore he is reluctant to vote in favor of this bill. He stated that the City needs a road map to be able to visualize what projects the money should be used for. He stated that he would not be voting in favor of this bill or the next three bills. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak in favor of this bill. The following individuals spoke in opposition of this bill. Mr. Jerry Niezgodski, 2930 Bonds Avenue, South Bend, Indiana, stated that he is neither in favor or opposed to the bill, but that he has some questions. First, he wanted to know what the plan is. He stated that you cannot ask for money and not have a plan. He urged the Council to know what the plan is before voting on this bill. Mr. George Lane, CEO & Chairman, Citizens for the Accountability of Government, Inc., 2405 Division Street, Mishawaka, Indiana, spoke in opposition to this bill. He stated that this is just another bonding issue and that is the reason that the taxes are so high in South Bend. He urged the Council not to support this bill. There was no one else present wishing to speak in opposition to this bill. In rebuttal, Mr. Inks stated that these are not typical municipal bonds; they are Industrial Revolving Bonds, Economic Development Bonds and Private Bonds. They do not attach 10 REGULAR MEETING MARCH 22, 2010 to the City’s credibility. Mr. Inks stated that they do not fall under the debt rate that St. Joseph County is paying today. Mr. Inks reiterated that the Council has a vote on the final project. Mayor Luecke interjected that they are private use bonds, paid back by the private company. He stated that this resolution is a tool used through Federal Legislation. Councilmember Rouse asked if there was a time limit to use these funds. Mr. Inks stated that the funds need to be used within nine (9) months. The Bonds must be sold by December 31, 2010. Councilmember Varner made a motion to adopt this Resolution. Councilmember Puzzello seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis.) BILL NO. 10-15 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION Councilmember Oliver Davis made a motion to continue this bill until the April 12, 2010 meeting of the Council at the request of the petitioner. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. RESOLUTION NO. 4020-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION , WHEREAS the South Bend Redevelopment Commission (the “Commission”), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the “Act”), on February 19, 2010, approved and adopted its Resolution No. 2655 (the “Declaratory Resolution”), Exhibit A, amending the acquisition list in the South Bend Central Development Area Development Plan (the “Plan”) for the South Bend Central Development Area (the “Area”) and amending the South Bend Central Development Area Development Plan (the “Plan Amendment”); and , WHEREAS the Plan Amendment calls for the addition of various parcels located within the Area, to the Acquisition List contained within the Plan; and 11 REGULAR MEETING MARCH 22, 2010 , WHEREAS the St. Joseph County Area Plan Commission (the “Plan Commission”), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the “City”), on March 16, 2010, adopted and approved a resolution, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the “Plan Commission Order”); and , WHEREAS Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and , WHEREAS the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. s/Derek Dieter Member of the Common Council Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Bill Schalliol, Staff Member, Division of Economic Development, 12 Floor County- City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that this resolution would approve an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Area. He stated that this process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the South Bend Central Development Area (SBCDA) to add various parcels to the SBCDA Acquisition List. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC’s action. The parcels proposed for addition to the acquisition list are in a specific target area within the East Bank Village area of the SBCDA. The parcels are located on the east side of Niles Avenue between Jefferson and Washington. The property will be used to stimulate new development in the heart of the East Bank Planning Area as well as serve as a site for improved surface parking to facilitate a growing parking need in this village area. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Oliver Davis made a motion to adopt this Resolution. Councilmember Varner seconded the motion which carried and the 12 REGULAR MEETING MARCH 22, 2010 Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis.) RESOLUTION NO. 4021-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH SIDE DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION , WHEREAS the South Bend Redevelopment Commission (the “Commission”), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the “Act”), on March 5, 2010, approved and adopted its Resolution No. 2658 (the “Declaratory Resolution”), Exhibit A, amending the acquisition list in the South Side Development Area Development Plan (the “Plan”) for the South Side Development Area (the “Area”) and amending the South Side Development Area Development Plan (the “Plan Amendment”); and , WHEREAS the Plan Amendment calls for the addition of various parcels located within the Area, to the Acquisition List contained within the Plan; and , WHEREAS the St. Joseph County Area Plan Commission (the “Plan Commission”), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the “City”), on March 16, 2010, adopted and approved a resolution, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the “Plan Commission Order”); and , WHEREAS Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and , WHEREAS the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. s/Derek Dieter Member of the Common Council 13 REGULAR MEETING MARCH 22, 2010 Councilmember Rouse, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Bill Schalliol, Staff Member, Division of Economic Development, 12 Floor County- City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill. Mr. Schalliol advised that this resolution allows for the approval of an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. He noted that this process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the South Side Development Area (SSDA) to add various parcels to the SSDA Acquisition List. Mr. Schalliol noted that these parcels are in a specific target area within the SSDA related to a proposed work project. The work project, the Erskine Plaza Pond Project, is targeted to improve the drainage network in the Ireland and Miami corridor, improve the appearance and finality of the central interior pond, develop a new pond which will help to naturally dissipate storm water and to create a new development site along Miami Street. A Public Hearing was held on the Resolution at this time. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis.) BILLS – FIRST READING BILL NO. 17-10 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF LAUREL STREET FROM THE VACATED PERKINS STREET TO THE END OF THE LAUREL STREET CUL- DE-SAC This bill had first reading. Councilmember Varner made a motion to refer this bill to the Public Works and Property Vacation Committee and set it for Public Hearing and Third Reading on April 12, 2010. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. UNFINISHED BUSINESS REPORT FROM AREA BOARD OF ZONING APPEALS: It is noted that the Council is in receipt of a recommendation from the Area Board of Zoning Appeals, for the following resolution based on their Public Hearing held on March 3, 2010. BILL NO. 10-14 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1939 CHARLES STREET, SOUTH BEND, INDIANA 46637 14 REGULAR MEETING MARCH 22, 2010 REPORT FROM AREA PLAN COMMISSION: It is noted that the Council is in receipt of a recommendation from the Area Plan Commission of St. Joseph County, for the following ordinance based on their Public Hearing held on March 16, 2010. BILL NO. 13-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2301 MIAMI STREET, INCLUDING ADDRESSES 2303 MIAMI STREET, 1026 AND 1034 E. EWING AVENUE WITHIN SAID BUILDING, COUNCILMANIC DISTRICT THREE (3) IN THE CITY OF SOUTH BEND, INDIANA BILL NO. 14-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2411 SOUTH MAIN STREET SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Puzzello made a motion to refer Bill Nos. 10-14; 13-10 and 14-10 to the Zoning and Annexation Committee and set them for Public Hearing and third Reading on April 12, 2010. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. NEW BUSINESS Councilmember Henry Davis stated that he will be voting against more projects that the administration is sponsoring. He stated that he is voting that way after 2 years of not seeing growth and jobs in the City of South Bend and not knowing which direction the City is going? He blamed the lack of communication between the Council and the City nd Administration. He stated that he is the Councilmember for the 2 District of the City of South Bend in which two major projects are developing: the Kroc Center and College Football Hall of Fame. He stated that he was never included in the discussion on either of these two projects. He stated that he believes that is very disrespectful. He stated that his constituents that elected him into office don’t see any new growth or jobs either. He questioned why the lack of communication and stated that success is based on communication to be effective. Councilmember White stated that she concurred with Councilmember Henry Davis regarding major projects in the Council districts. She emphasized that the representatives from those districts need to be involved and that communication is a must. Councilmember Oliver Davis stated that he will be holding a Graffiti Summit on Thursday, April 8, 2010 from 9:00 a.m. – 11:00 a.m. at the Rum Village Nature Center, 2626 S. Gertrude, South Bend, Indiana. He stated that they will discuss adopting rules & regulations regarding graffiti. Councilmember Dieter advised that the east-west alley adjacent to 2413 Kenwood will be grated this week. 15 REGULAR MEETING MARCH 22, 2010 PRIVILEGE OF THE FLOOR COMMENTS FROM NANCY KING REGARDING TRANSPO INCREASING FARE’S Nancy King, 4145 Park South Blvd., South Bend, Indiana, spoke regarding TRANSPO increasing their fares. Ms. King stated that there are people who are transitioning out of poverty and struggling to make ends meet who need the services that TRANSPO provides. She stated that now is not the time to increase fares. She noted that TRANSPO’s budget has increased due to salaries and benefits and that should be the first place to look to cut. She urged TRANSPO to look to other means. COMMENTS FROM GEORGE LANE REGARDING MAYORAL APPOINTMENTS George Lane, CEO & Chairman, Citizens for the Accountability of Government, Inc., 2405 Division Street, Mishawaka, Indiana, Mr. Lane stated that the way appointments made to Boards/Commissions are made are lopsided. He used the Redevelopment Commission as an example. He stated that the Mayor has three (3) appointments and the Council has two (2). He stated that makes the voting lopsided and in favor of the Mayor. COMMENTS FROM DAVE FRANK REGARDING PUBLIC ACCESS MICHIANA Mr. Dave Frank, (no address given) spoke regarding Public Access Michiana. Mr. Frank stated that the City of South Bend is in the worst shape that it has been in over 60 years. Mr. Frank commended Mr. George Lane, CEO & Chairman, Citizens for the Accountability of Government, Inc. and his efforts in giving the citizens of Michiana a voice in their community. COMMENTS FROM RITA KOPALA REGARDING PUBLIC ACCESS MICHIANA Rita Kopala, 66559 Ivy Road, Lakeville, Indiana, stated that she agrees with Mr. Lane that the City of South Bend needs public access. She stated that she attends many meetings, county, state, city, and township meetings all or most of the time. She stated that sometimes the news reporters are there and sometimes there is no coverage at all. She stated that the South Bend Tribune has gotten a lot thinner and reporting on those meetings sometimes never gets printed. She urged the Tribune to get the facts not their version of what they think is happening. Ms. Kopala stated that if she wants to read a story she will go to the library. She stated that without Public Access Michiana the only source of information is the newspaper and they need to get the facts out to the public. COMMENTS FROM NORMAN MILCHERSKA REGARDING ACCOUNTABILITY Norma Milcherska, 20025 Jewell Avenue, South Bend, Indiana, spoke regarding accountability. He commended Councilmember Henry Davis for his actions tonight. He stated that he is in the same pickle trying to get rid of a dictatorship. Mr. Milcherska stated that he lost five (5) cousins in WW II trying to rid a dictatorship. Mr. Milcherska also spoke of the Alamo which was a battle for “Freedom of Choice.” He urged the Council to pursue Public Access Michiana because South Bend needs a voice in the community. COMMENTS FROM JERRY NIEZGODSKI REGARDING LASALLE SQUARE Mr. Niezgodski spoke regarding LaSalle Square Shopping Center. He stated that the Mayor had earmarked Tax Incremental Finance (TIF) dollars from the Airport Economic Development Area (AEDA) in the amount of $2.5 million dollars for the LaSalle Square shopping complex. Mr. Niezgodski stated since then the AEDA has been expanded a couple of time once allowing the Portage Prairie Development into the AEDA and again tonight with Bill No. 10-15 which was continued until the April 12, 2010 meeting of the Council to allow Ignition Park South, Ignition Park West, Ivy Tech/Gorny Plaza and Airport Industrial Park, Phase 2 into the AEDA. He stated that he was in favor of allowing Portage Prairie with some reservations. He stated that to date there has been monies spent in 2008 and 2009 on LaSalle Square but needed to confirm the dollar amounts. Mr. Niezgodski stated that the Council supported these TIF dollars to be used at LaSalle Square and urged the Council to follow through on their commitment. 16 REGULAR MEETING MARCH 22, 2010 ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 8:18 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 17